Measures to be Adopted and Applied after the end of the State of Alarm

Pertinent extracts taken from the Royal Decree of May 4.

The validity of said state of alarm was extended until 00:00 hours on May 9, 2021.

Travel.
Community of Owners and Meetings.
Measures on economic and social vulnerability.
Guarantee of energy and water supply to the vulnerable.
Information on housing.
Extraordinary extension of habitual residence lease contracts.
Right to the Social Bonus.
Other extraordinary measures of a socio-economic nature.

Chapter I establishes a series of urgent measures in the health field, relating to the health control of international passengers. In this matter, it is necessary to review the aspects contemplated in the sixth additional provision of Royal Decree-Law 23/2020, of June 23, which approves measures in the field of energy and in other areas for economic reactivation, in order to to adapt them to the expected evolution of the pandemic at the national level and also in the main tourism-emitting countries, highly influenced by the increase in vaccination coverage, which will lead to a significant increase in international mobility. The purpose of this measure is that, while maintaining the security levels in the controls carried out on people who arrive in Spain,

The importance of quickly detecting the presence of imported cases of COVID-19 that could generate outbreaks in our country, as well as locating close contacts of the cases, implies the need to implement sanitary measures in ports and Spanish airports. The need to adapt health control mechanisms to detect cases from areas with transmission of variants of special concern is especially urgent. These measures are part of a global system for detecting imported cases, the success of which will be determined by their early identification and the immediate adoption of the appropriate control measures that prevent the uncontrolled spread of the disease. To this end, the Spain Travel Health-SpTH information system has been evolved, which will allow the management of the verification of digital certificates that can be enabled within the framework of the European Union, will allow to improve the management of passenger flows through checks carried out prior to the trip and will facilitate the location of travelers on whom additional measures must be adopted upon arrival to reduce the risk of importation of cases. For these purposes, the maximum collaboration of travel agencies, tour operators and air or maritime transport companies is a priority. It will make it possible to improve the management of passenger flows through the checks carried out prior to the trip and it will facilitate the location of travellers on whom additional measures must be adopted upon arrival to reduce the risk of importation of cases. For these purposes, the maximum collaboration of travel agencies, tour operators and air or maritime transport companies is a priority. It will make it possible to improve the management of passenger flows through the checks carried out prior to the trip and it will facilitate the location of travellers on whom additional measures must be adopted upon arrival to reduce the risk of importation of cases. For these purposes, the maximum collaboration of travel agencies, tour operators and air or maritime transport companies is a priority.

All this will allow to increase the degree of security and confidence of travellers, also limiting the risk of transmission of COVID-19 linked to international movements.

Royal Decree-Law 8/2021, of May 4, by which urgent measures are adopted in the health, social and jurisdictional order, to be applied after the end of the validity of the state of alarm declared by Royal Decree 926/2020, of October 25, declaring the state of alarm to contain the spread of infections caused by SARS-CoV-2.

With the end of the validity of the state of alarm approaching, it is verified that the epidemiological situation, even though it continues to be worrying, presents elements of control and containment fundamentally due to the positive evolution of the vaccination process, with a relevant and growing percentage of the population with administered doses –particularly among the most vulnerable or exposed segments– and with a standardisation of the delivery and distribution processes of the acquired vaccines that reasonably predicts a progressive immunisation of the population in the coming months. The progressive awareness and responsibility of the vast majority of citizens contributes to this, as well as the effectiveness of the measures adopted by the health authorities, both state and autonomous.

In this context, at this time there are no causes that justify the survival of an exceptional regime such as the state of alarm, provided for in the Constitution as an instrument to ensure the restoration of normality in extraordinary circumstances, but which by its very nature It cannot and should not be prolonged indefinitely or permanently in time, its temporary validity being subject to the need to adopt measures of an exceptional nature to prevent and control serious alterations such as those derived from the acute health crisis caused by SARS-CoV-2
Some of these measures were specifically adopted to deal with situations of social and economic vulnerability derived from the serious consequences that the pandemic caused by the SARS-CoV-2 virus has brought about in all areas, in addition to health.
Given this circumstance, it is necessary and urgent to extend the temporary effectiveness of some of these measures while the negative effects of the pandemic persist, regardless of the end of the state of alarm, as well as to adapt certain legal situations that will be affected by the end of the validity of the alarm state.

This royal decree-law is structured in six chapters, fifteen articles, a repealing provision and two final provisions.
Chapter I establishes a series of urgent measures in the health field, relating to the health control of international passengers. In this matter, it is necessary to review the aspects contemplated in the sixth additional provision of Royal Decree-Law 23/2020, of June 23, which approves measures in the field of energy and in other areas for economic reactivation, in order to to adapt them to the expected evolution of the pandemic at the national level and also in the main tourism-emitting countries, highly influenced by the increase in vaccination coverage, which will lead to a significant increase in international mobility. The purpose of this measure is that, while maintaining the security levels in the controls carried out on people who arrive in Spain.

Urgent Measures in the field of health.

1. Without prejudice to the border control measures that, in accordance with European Union law, may be adopted, the Ministry of Health will determine the necessary health controls to which passengers arriving in Spain must undergo and the scope of said controls , being responsible for its execution. Said health checks may include taking the temperature, a documentary check and a visual check on the status of the passenger.
2. With regard to documentary control, passengers originating from any airport or port located outside of Spanish territory, must complete a health control form available on the Spain Travel Health web portal or through the application for mobile devices SpTh- Spain Travel Health. The content of said form will be established by the person in charge of the General Directorate of Public Health of the Ministry of Health.
Once the health control form has been completed, a QR code will be generated that will be essential to present before boarding and upon arrival in Spain.
3. For the purposes of the provisions of the previous sections, travel agencies, tour operators and air or sea transport companies and any other agent that markets air or sea tickets sold separately or as part of a combined trip must inform passengers, at the beginning of the process of selling tickets to Spain, of all health control measures and the consequences of non-compliance. In particular, they will inform of the obligation to present the QR code generated by Spain Travel Health before boarding and of the consequences of non-compliance or falsification. Likewise, they will provide the necessary support to people who do not have electronic means to fill in the health control form.
4. If a passenger suspected of suffering from COVID-19 or another pathology that may pose a risk to public health is detected in the health control process carried out upon arrival, a medical evaluation will be carried out in which the aspects epidemiological and clinical of the passenger. In the process of medical evaluation, a diagnostic test for active infection may be performed. A diagnostic test may also be performed on people who come from a country at risk or those who are so established in the framework of active surveillance linked to risk assessment processes.
If the suspicion that the passenger suffers from COVID-19 or another pathology that may pose a risk to public health is confirmed or maintained, the established communication protocols with the health services of the autonomous communities will be activated so that they take charge of their attention and follow-up.
5. In relation to the airway, the implementation of health controls must be carried out in coordination with the airport manager. The airport manager and the airlines will collaborate with the Ministry of Health for the implementation of these measures. In the case of airports managed by Aena SME, SA, such collaboration will take into account the provisions of the first additional provision of Law 2/2021, of March 29, on urgent prevention, containment and coordination measures to deal with the health crisis caused by COVID-19.
6. In relation to the maritime route, the implementation of sanitary controls in ports of general interest must be carried out in coordination with the port authorities through State Ports, who together with the shipping companies will collaborate with the Ministry of Health for the implementation of these measures. This collaboration will take into account the provisions of the second additional provision of Law 2/2021, of March 29, on urgent prevention, containment and coordination measures to face the health crisis caused by COVID-19.
Extraordinary Measures for Boards of owners of communities.

Article 2. Suspension of obligations and extensions for community owners meeting.

1. The obligation to call and hold the owners’ meeting in the communities subject to the horizontal property regime will be suspended until December 31, 2021.
2. During the same period, the obligation to approve the foreseeable income and expenses plan, the corresponding accounts and the annual budget is also suspended.
3. During the same period, or until the corresponding meeting is held, the last approved annual budget and the appointments of the governing bodies will be understood to have been extended, even though the legal term had expired upon the entry into force of this royal decree-law. or statutorily established.

Article 3. Possibility of holding meetings.

1. Exceptionally, during said period the board of owners may meet at the request of the president or a quarter of the owners, or a number of them representing at least 25 percent of the participation quotas, if adoption is necessary. of an agreement that cannot be delayed until December 31, 2021. Among the agreements that cannot be delayed, those related to the works, actions and facilities mentioned in article 10.1.b) of Law 49 / 1960, of July 21, on horizontal property, which does require the agreement of the board.
2. In the case provided for in this article, the owners’ meeting may be held by videoconference or by multiple telephone conference, provided that:
a) All owners have the necessary means, which will be verified by the administrator in advance of the meeting; Y
b) The secretary recognises the identity of the owners attending the meeting and so expresses it in the minutes.
The agreement will be understood to have been adopted at the address where the secretary or administrator secretary is located.
3. In the case provided in this article, it will also be possible to adopt an agreement without holding a meeting by casting a vote by post or telematic communication, provided that the due guarantees of participation of all owners, identity of the sender can be met. and reception of the communication.
In these cases, the president of the community will request the vote of all the owners by writing that will state the date, the object of the vote, which must be clearly stated, the address or addresses enabled for sending the vote. , and the term to issue it, which will be 10 calendar days.
The resolution will be understood to have been adopted at the address where the secretary or administrator secretary is located and on the last day of the term established for casting the vote.
For the purposes of article 15.2 of Law 49/1960, of July 21, on horizontal property, it will be understood that the moment of beginning of the meeting is that of the request for the vote by the president.
4. Notwithstanding the provisions of this article, the owners’ meeting may be held in person when the security measures applicable at all times are guaranteed.
5. For the purposes of article 18 of Law 49/1960, of July 21, on horizontal property, the breach of the guarantees of participation and identification that in it they are established.

Extraordinary measures applicable to situations of economic and social vulnerability.

Article 4. Guarantee of water and energy supply to vulnerable consumers.

1. Until August 9, 2021 inclusive, the supply of electricity, natural gas and water to those consumers in whom the condition of vulnerable, severely vulnerable or at risk of social exclusion as defined in articles 3 concurs and 4 of Royal Decree 897/2017, of October 6, which regulates the figure of the vulnerable consumer, the social bonus and other protection measures for domestic consumers. To accredit the condition of vulnerable consumer before the companies supplying natural gas and water, the presentation of the last electricity bill that reflects the perception of the electricity social bonus is sufficient.
2. Likewise, for previous consumers, the period during which this measure is in force will not count for the purposes of the periods between the reliable request for payment and the suspension of supply due to non-payment established in current regulations.
3. The prohibition of the suspension of supply described in section 1 shall also apply to those consumers who, not being able to prove the ownership of the supply contract, comply with the requirements that give the right to the recognition of the condition of vulnerable or vulnerable consumer. severe, in accordance with article 3 of Royal Decree 897/2017, of October 6, by means of accreditation by certification of said circumstance by the competent social services or by social mediators before the supplying company, which will be accompanied:
a) Photocopy of the NIF or NIE of the consumer of the home supply point, as well as of all the members of the coexistence unit formed by people with kinship or similar ties and, where appropriate, of people without kinship ties or analogous to each other found in the home.
b) Certificate of registration in force, individual or joint, of all those mentioned in letter a). For said request, the consent of the persons registered in the applicant’s domicile will not be required.
For the purposes of the provisions of this section, social mediators will be those entities of the Third Sector of social action that are considered Third Sector entities collaborating with the General State Administration, in accordance with the provisions of Royal Decree-Law 7 / 2013, of June 28, on urgent measures of a tax, budgetary nature and for the promotion of research, development and innovation.
4. The processing of personal data of consumers by the competent social services or, where appropriate, by social mediators, as well as supply companies, will be done with the consent of the consumer and in accordance with the provisions of the regulations on the protection of personal data.

Right to the Social Bonus

Article 5. Right to receive the social bonus by certain groups in a situation of economic vulnerability.

1. They will be considered vulnerable consumers in their habitual residence and in the terms set forth in Royal Decree 897/2017, of October 6, which regulates the figure of the vulnerable consumer, the social bonus and other protection measures for the domestic consumers, consumers who prove as established in this article and by submitting the corresponding responsible declaration included in the application form, as of the date of entry into force of this royal decree law, that the holder of the supply point, complies the requirements established in section 2 of this article.
When the contract for the supply of the habitual residence of a self-employed or self-employed professional is in the name of the legal person, the social bond must be requested for the natural person, which will imply a change of ownership of the supply contract.
2. For a consumer of electricity to be considered a vulnerable consumer for the purposes of this article, he must prove, in accordance with section 4, that the owner of the supply point, or one of the members of his family unit, is in a situation of unemployment, Temporary Employment Regulation File (ERTE), or has had their working hours reduced due to care, in the case of being an employer, or other similar circumstances that involve a substantial loss of income, thus not reaching all income of the members of the family unit, in the month prior to the moment in which the complete social bonus application is submitted, with all the required documentation, the following amounts:
a) 1.5 times the twelfth of the Public Indicator of Multiple Effects Income (IPREM) of 14 payments, in the event that they are not part of a family unit or there is no minor in the family unit;
b) 2 times the twelfth of the IPREM index of 14 pays, in the event that there is a minor in the family unit;
c) 2.5 times one twelfth of the IPREM index of 14 pays, in the event that there are two minors in the family unit.
For these purposes, a family unit is considered to be the one established in accordance with the provisions of Law 35/2006, of November 28, on Personal Income Tax and the partial modification of the Corporation Tax laws, on Non-Resident Income and on Equity.
These income multipliers with respect to the IPREM index of 14 payments will increase, in each case, by 0.5, provided that one of the following special circumstances occurs:
a) That the consumer or any of the members of the family unit has a recognised disability equal to or greater than 33 percent.
b) That the consumer or any of the members of the family unit certify the situation of gender violence, in accordance with the provisions of current legislation.
c) That the consumer or any of the members of the family unit has the status of a victim of terrorism, in accordance with the provisions of current legislation.
d) That the consumer or any of the members of the family unit is in a situation of recognised dependency of grade II or III, in accordance with the provisions of current legislation.
e) That the consumer proves that the family unit is made up of a single parent and, at least, one minor. For the sole purposes of verifying this special circumstance, the marketer will verify through the family book and the registration certificate that a second parent does not reside in the home to which the social bonus is linked.
3. The condition of vulnerable consumer defined in the previous section and, therefore, the right to receive the social bonus in the corresponding terms, will expire when the aforementioned circumstances cease to occur, the consumer being obliged to communicate this fact to the marketer reference within a maximum period of one month.
The reference marketing company will be obliged to indicate to the consumer, in the last invoice issued before the date set out in the previous section, the date of such expiration, informing that, once said term has passed, the consumer will be billed. at Voluntary Price for the Small Consumer by the same reference marketer, and indicating the possibility that the consumer can, alternatively, contract his supply with a marketer in the free market.
4. To prove the condition of vulnerable consumer defined in section 2 and request the receipt of the social bonus, the consumer must send a reference marketer, through the email address that appears on their website, the form of application and responsible declaration available on the website of the Ministry for the Ecological Transition and the Demographic Challenge along with the following supporting documentation:
a) In the event of a legal unemployment situation, certificate issued by the entity managing the benefits.
b) In the event of cessation of activity of self-employed workers, certificate issued by the State Tax Administration Agency or the competent body of the Autonomous Community, where appropriate, on the basis of the declaration of cessation of activity declared by the interested.
c) Copy of the NIF or NIE of the holder of the supply point and, if he is part of a family unit, a copy of the NIF or NIE of each of the members for whom said document is mandatory.
d) Certificate of registration in force, individual or joint, of the holder of the supply point or of all the members of the family unit.
e) Family book, in the event that there is a family unit.
f) Responsible declaration of the applicant, relative to the fulfilment of the requirements demanded in the section 2.
The reference marketer will send the owner of the supply point an email confirming receipt of the request.
5. Regarding the processing of requests for receipt of the social bonus made under this provision, the following considerations will be taken into account:
a) In the event that the request is incomplete, the reference marketer, within a maximum period of five business days from receipt of the request, will address the consumer indicating the supporting documentation that is missing.
b) Once the complete consumer request has been received by the reference marketer, accompanied by the supporting documentation, within a maximum period of five business days, the reference marketer must verify that the requirements are accredited as established in this article, communicating to the consumer by email, or by telephone channel if the consumer has opted for this option, the result of the evaluation.
To verify the correct accreditation of the requirements established in this article, the reference marketer will not require the use of the computer platform available at the electronic headquarters of the Ministry for the Ecological Transition and the Demographic Challenge, to which the article refers. 8 of Royal Decree 897/2017, of October 6.
c) In the event that the result of the verification of the accreditation is positive and the application for the social bonus involves a change of marketer, within the aforementioned period of five days, the change of marketer and the formalisation of the contract to Voluntary Price for the Small Consumer.
d) The social bonus will accrue from the first day of the billing cycle in which the receipt of the complete application with the necessary supporting documentation takes place.
6. However, consumers who have been recognised as vulnerable consumer in accordance with the provisions of the sixth additional provision of Royal Decree-Law 30/2020, of September 29, on social measures in defence of employment and continue to meet the requirements established in said provision as of June 30, 2021, they will continue to hold said condition without the need to re-accredit it, unless the aforementioned circumstances cease to occur in them after that date, applying in such case the provisions of the section 3.
7. In any case, the condition of vulnerable consumer provided for in this article and, therefore, the right to receive the social bonus in the corresponding terms, will expire on August 9, 2021, without prejudice to the possibility of accepting to this condition at any time before or after that date under the other assumptions provided for in Royal Decree 897/2017, of October 6.
Article 6. Consequences of the improper application of the right to receive the social bonus by certain groups in a situation of economic vulnerability.
1. The holder of the supply contract who has benefited from the right to receive the social bonus from certain groups in a situation of economic vulnerability without meeting the requirements set forth in paragraph 2 of the previous article, will be responsible for the damages that may have been produced, as well as all the expenses generated by the application of these exceptional measures, without prejudice to the responsibilities of another order that their conduct could give rise to.
2. The amount of damages, losses and expenses may not be less than the benefit unduly obtained by the holder of the supply contract for the application of the rule, which will also incur liability in cases where, voluntarily and deliberately, seek to place or stay in the cases of economic vulnerability in order to obtain the application of the measures regulated by this royal decree-law.
3. The administration may collect at any time all the information proving compliance with the requirements, including those for income, corresponding to the entire period during which it has benefited from the social bonus.

Article 7. Modification of Royal Decree-Law 11/2020, of March 31, which adopts urgent complementary measures in the social and economic sphere to deal with COVID-19.
Royal Decree-Law 11/2020, of March 31, is modified, which adopts urgent complementary measures in the social and economic sphere to deal with COVID-19, in the following terms:

Article 1. Suspension of the eviction procedure and the release of vulnerable homes without a housing alternative.
1. From the entry into force of this royal decree-law and until August 9, 2021, in all verbal trials that deal with claims for rent or amounts owed by the lessee, or the expiration of the term of the contracts signed In accordance with Law 29/1994, of November 24, on Urban Leases, which intend to regain possession of the property, whether or not the process has been previously suspended in the terms established in article 441.5 of said law, the tenant may to urge, in accordance with the provisions of this article, an incident of extraordinary suspension of the eviction or release before the Court for being in a situation of economic vulnerability that makes it impossible for them to find a housing alternative for themselves and for the people with whom they live.
Likewise, if the launch date is not set, because the ten-day period referred to in article 440.3 has not elapsed or because the hearing has not been held, said term or the holding of the hearing will be suspended.
These suspension measures that are established on an extraordinary and temporary basis, in any case, will cease to take effect from August 9, 2021.
2. For the suspension referred to in the previous section to operate, the tenant must prove that he is in one of the situations of economic vulnerability described in letters a) and b) of article 5 of this Royal Decree-Law by means of the presentation of the documents provided for in article 6.1. The Lawyer of the Administration of Justice will send said accreditation to the plaintiff, who within a maximum period of ten days may prove before the Court, by the same means, that he is also in the situation of economic vulnerability described in letter a) of article 5 or at risk of being placed in it, in case the measure of suspension of the launch is adopted.
3. Once the previous writings have been presented, the Lawyer of the Administration of Justice must immediately transfer all the documentation to the competent social services and request a report from said services, which must be issued within a maximum period of ten days, in which assess the vulnerability situation of the tenant and, where appropriate, the lessor, and identify the measures to be applied by the competent administration.
4. The Judge, in view of the documentation presented and the social services report, will issue an order in which he will agree to suspend the launch if the situation of economic vulnerability is considered proven and, where appropriate, that the situation of economic vulnerability should not prevail. vulnerability of the lessor. If the vulnerability is not accredited by the lessee or the vulnerability situation of the lessor should prevail, he will agree to continue the procedure. In any case, the order that establishes the suspension will expressly state that on August 9, 2021, the calculation of the days referred to in article 440.3 will automatically resume or a date will be set for the holding of the hearing and, where appropriate, of the launch, depending on the state of the process.
Once the vulnerability is accredited, before the end of the maximum suspension period, the competent public administrations must adopt the measures indicated in the social services report or others that they consider appropriate to satisfy the housing need of the person in a vulnerable situation that guarantees their access to decent housing. Once these measures have been applied, the competent Administration shall immediately notify the Court, and the Lawyer of the Administration of Justice shall issue a decree within a maximum period of three days, agreeing to lift the suspension of the procedure.
5. For the purposes set forth in article 150.4 of Law 1/2000, of January 7, on Civil Procedure, it will be understood that the consent of the tenant is concurred by the mere presentation of the suspension request.
It will also be understood that the consent of the landlord to make the communication prevented in this article by the mere presentation of the letter alleging their situation of economic vulnerability concurs. ”
Two. Article 1 bis is worded as follows:
«Article 1 bis. Suspension until August 9, 2021 of the eviction procedure and releases for economically vulnerable people without a housing alternative in the cases of sections 2, 4 and 7 of article 250.1 of Law 1/2000, of January 7, of Civil Procedure, and in those others in which the eviction brings cause of a criminal procedure.
1. From the entry into force of this royal decree-law and until August 9, 2021, in all verbal trials in which the claims referred to in sections 2, 4 and 7 are substantiated. .º of article 250.1 of Law 1/2000, of January 7, of Civil Procedure, and in those other criminal proceedings in which the launch of the habitual residence of those people who are living in it without any qualifying title is substantiated. Therefore, the Judge will have the power to suspend the launch until the date three months have elapsed since the end of the state of alarm.
These suspension measures, which are established on an extraordinary and temporary basis, will cease to take effect in any case on August 9, 2021.
2. In order to suspend the launch in accordance with the previous section, it will be necessary for homes that belong to legal persons or individuals who own more than ten homes and that the people who inhabit them without title are in a situation of economic vulnerability due be in any of the situations described in letter a) of article 5.
The Judge will make the decision after a weighted and proportional assessment of the specific case, taking into account, among others that may proceed, the following circumstances:
a) The circumstances relating to whether the entry or stay in the property is motivated by a situation of extreme necessity. For the purpose of analyzing the state of need, the social services report issued in accordance with the following section will be adequately assessed.
b) The circumstances relating to the cooperation of the inhabitants of the dwelling with the competent authorities in the search for solutions for a housing alternative that would guarantee their right to decent housing.
3. For the suspension referred to in the previous section to operate, whoever lives in the home without a title must be a dependent person in accordance with the provisions of section two of article 2 of Law 39/2006, of December 14, Promotion of Personal Autonomy and Attention to people in a situation of dependency, victim of violence against women or having a dependent person or a minor in their charge, living in the same home.
In any case, the person or persons who occupy the home without title must also prove that they are in any of the situations of economic vulnerability described in letter a) of article 5 of this royal decree-law by submitting the documents provided for in article 6.1. The Lawyer of the Administration of Justice, will transmit said accreditation to the plaintiff or complainant.
4. The Lawyer of the Administration of Justice must immediately transfer all the documentation to the competent social services and request a report from said services, which must be issued within a maximum period of fifteen days, in which the situation of vulnerability of the person or persons who have fixed their home in the property, and the measures to be applied by the competent administration are identified.
5. Once the situation of vulnerability of the person living in the dwelling has been certified and all other concurrent circumstances weighed by the Judge, the Judge will issue an order agreeing, where appropriate, the suspension for the time remaining until August 9, 2021. If the applicant does not prove the vulnerability or is not among the people with the right to request the suspension in accordance with the provisions of section 2 or any of the circumstances provided for in section 6 concur, the judge will agree by order to continue the procedure.
During the maximum period of suspension set, the competent public administrations must, if economic vulnerability is found, adopt the measures indicated in the social services report or others that they consider appropriate to satisfy the housing need of the person in a vulnerable situation. guarantee their access to decent housing. Once these measures have been adopted, the competent Administration shall immediately notify the competent Court, and the Judge shall dictate within a maximum period of three days by ordering the lifting of the suspension of the procedure and the corresponding launch.
6. For the purposes provided for in article 150.4 of Law 1/2000, of January 7, on Civil Procedure, it will be understood that the consent of the defendant is concurred by the mere presentation of their request for suspension.
7. In no case will the suspension referred to in this article proceed if the entry or stay in the home has taken place in the following cases:
a) When it has occurred in a property owned by a natural person, if in said property he / she has his habitual residence or second residence duly accredited, without prejudice to the number of homes he / she owns.
b) When it has occurred in a property owned by a natural or legal person who has transferred it by any valid title in law to a natural person who has his habitual residence or duly accredited second residence there.
c) When the entry or stay in the property has occurred through intimidation or violence against people.
d) When there are rational indications that the home is being used for illegal activities.
e) When the entry or stay has occurred in public or private property for social housing and the housing has already been assigned to an applicant by the administration or entity that manages said housing.
f) When the entry into the home has occurred after the entry into force of this royal decree-law. ”

Article 2. Extraordinary extension of habitual residence lease contracts.

In the lease contracts of habitual residence subject to Law 29/1994, of November 24, on Urban Leases, in which, within the period from the entry into force of this royal decree-law and until August 9 of 2021, the mandatory extension period provided for in article 9.1 ends or the tacit extension period provided for in article 10.1, both articles of the aforementioned Law 29/1994, of November 24, on Urban Leases, may be applied, upon request. of the lessee, an extraordinary extension of the term of the lease for a maximum period of six months, during which the terms and conditions established for the current contract will continue to apply. This request for an extraordinary extension must be accepted by the landlord,
Four. Section 1 of article 4 is worded as follows:

1. The tenant of a habitual residence contract signed under the protection of Law 29/1994, of November 24, on Urban Leases, who is in a situation of economic vulnerability, as defined in the following article, may request a the lessor when it is a company or public housing entity or a large holder, understood as the natural or legal person that owns more than ten urban properties, excluding garages and storage rooms, or a constructed area of more than 1,500 m 2 , until August 9, 2021, the temporary and extraordinary postponement in the payment of the rent, provided that said postponement or the total or partial remission of the same had not already been achieved on a voluntary basis by agreement between both parties. ”

Article 8. Modification of Royal Decree-Law 37/2020, of December 22, on urgent measures to deal with situations of social and economic vulnerability in the field of housing and transport.</strongRoyal Decree-Law 37/2020, of December 22, on urgent measures to deal with situations of social and economic vulnerability in the field of housing and transport is modified, in the following terms:
One. Section 3 of the second additional provision is worded as follows:
"3. The request for compensation may be submitted until September 9, 2021, and the lessor must formulate a reasoned and justified statement of the compensation that it deems appropriate based on the criteria indicated above. "
Two. Section 6 of the second additional provision is worded as follows:
«6. The request for compensation may be submitted until September 9, 2021, and the owner of the home must formulate a reasoned and justified statement of the compensation that it deems appropriate based on the criteria indicated above. "
Article 9. Extension of the consideration as essential of the services of protection and assistance to the victims of gender violence.
1. For the purposes of the provisions of Law 1/2021, of March 24, on urgent measures in terms of protection and assistance to victims of gender violence, the consideration as essential is extended until August 9, 2021 of the services established in its articles 2 to 5.
2. For these purposes, the competent public administrations shall adopt the necessary measures to ensure the provision of their own services.
3. The same requirement will be applicable to those companies and suppliers that are essential for the provision of the aforementioned services.

Article 10. Modification of Law 1/2021, of March 24, on urgent measures regarding protection and assistance to victims of gender violence.

Article 8 of Law 1/2021, of March 24, on urgent measures in terms of protection and assistance to victims of gender violence, is worded as follows:
«Article 8. Projects or programs financed with funds from the State Pact against

Gender Violence.

The autonomous communities and local entities may allocate the funds that correspond to them from the State Pact against Gender Violence to implement all preventive and assistance projects or programs that are included in this Law, as well as any other that, in the context of the containment measures for the international pandemic caused by COVID-19 is intended to guarantee prevention, protection and care against all forms of violence against women. ”

Other extraordinary measures of a socio-economic nature

Article 11. Extension of the term established in article 1.2.b) of Law 44/2015, of October 14, on Labor and Investee Companies.
1. Extraordinarily, the 36-month period contemplated in article 1.2.b) of Law 44/2015, of October 14, on Labor and Investee Companies, is extended for 24 months plus the limit set forth in said letter.
2. This extraordinary extension will be applicable to labor companies constituted during the years 2017, 2018 and 2019.

Article 12. Temporary flexibility in the use of the Cooperatives Education and Promotion Fund in order to alleviate the effects of COVID-19.

1. Until December 31, 2021, the Cooperatives Education and Promotion Fund regulated in article 56 of Law 27/1999, of July 16, on Cooperatives, may be allocated, totally or partially, to the following purposes:
a) As a financial resource, to provide the cooperative with liquidity if it is needed for its operation.
For these purposes, the Education and Promotion Fund for this purpose must be restored by the cooperative with at least 30 percent of the freely available results generated each year, until it reaches the amount that said Fund had at the time of adoption of the decision of its exceptional application and within a maximum period of ten years.
b) To any activity that results in helping to stop the health crisis of COVID-19 or to alleviate its effects, either through its own actions or through donations to other entities, public or private.
2. Until December 31, 2021, the Governing Council may exceptionally assume the competence to approve the application of the Education and Promotion Fund in the terms provided in section 1, when, due to lack of adequate or sufficient means, the General Assembly of the cooperative societies cannot be summoned for its celebration through virtual means.
3. For these exclusive purposes, the provisions of articles 13.3 and article 19.4 of Law 20/1990, of December 19, on the Tax Regime of Cooperatives will not be applicable. Therefore, the Education and Promotion Fund that has been applied in accordance with letter a) of section 1 of this article, will not be considered income for the cooperative.

Article 13. Compatibility of the retirement pension of health professionals with the performance of their activity carried out under Order SND / 232/2020, of March 15, which adopts measures in terms of human resources and means to the management of the health crisis situation caused by COVID-19, and Royal Decree 926/2020, of October 25, which declares the state of alarm to contain the spread of infections caused by SARS-CoV- two.

1. The legal regime of the compatibility of the retirement pension with the appointment as statutory personnel foreseen for health professionals in the fifteenth additional provision of Royal Decree-Law 11/2020, of March 31, by which urgent measures are adopted complementary measures in the social and economic sphere to face COVID-19, and in article 5 of Royal Decree-Law 3/2021, of February 2, which adopts measures to reduce the gender gap and other matters in the fields of Social and economic Security, will also be applicable to health professionals whose provision of services carried out at the request of the competent authority of the autonomous community, by the National Institute of Health Management in the autonomous cities of Ceuta and Melilla or by the Ministry of Defence in the Defence Hospital Network, depending on the case, it is carried out or has been carried out under the protection of labor regulations, either directly with the autonomous communities and the indicated organisations, or through private centres.
This compatibility regime will be maintained as long as the employment contract or, where appropriate, the statutory appointment carried out under this precept or the regulations indicated therein subsists and at the latest until December 31, 2021.
2. The provision of services of health professionals in private centers that have been carried out, in the terms provided in the previous section, by virtue of a labor contract concluded prior to the entry into force of this rule must be communicated to the National Institute of Social Security within a month from the entry into force of this Royal Decree-law.

Article 14. Compatibility of the retirement pension of professionals who practice medicine and nursing with the performance of their activity carried out for the management of the health crisis situation caused by COVID-19.

1. Professionals who practice medicine and nursing and who, by virtue of statutory appointment or employment contract, provide services in both public and private health centres, may make the receipt of the retirement pension compatible until December 31, 2021, in order to carry out tasks aimed at the fight against COVID, provided that the incorporation into active service derives from the authorisations agreed by the competent health authority.
The provision of services of these health professionals that are to be carried out in centres belonging to the private sector under the provisions of the previous section, must be communicated to the National Institute of Social Security prior to the start of the activity.
2. The beneficiary person will be considered a pensioner for all purposes.
3. During the performance of this work for someone else compatible with the retirement pension, the obligation of affiliation, registration, cancellation and variation of data provided for in article 16 of the revised text of the General Law of Social Security and the Obligation to contribute under the terms of articles 18 and 19 of the same legal text, the provisions of article 153 not being applicable.
4. During the performance of this work, they will be protected against all common and professional contingencies, provided that they meet the necessary requirements to cause them, the regime of limitation of pensions, incompatibilities and the exercise of the right of option, provided in the consolidated text of the General Law of Social Security.
5. The right to subsidy for temporary disability that is caused during this situation will be extinguished by the completion of the work for others, in addition to the general causes provided for in current regulations.
6. Once the work for others is finished, the contributions made during this situation may lead to the modification of the percentage applicable to the regulatory base of the retirement pension, which will remain unchanged. These contributions will not take effect in relation to the additional percentages provided for in article 210.2 of the consolidated text of the General Social Security Law and in the seventeenth additional provision of the consolidated text of the State Passive Classes Law.
Likewise, the indicated contributions will take effect exclusively to determine the percentage applicable to early retirements already caused, maintaining the same regulatory base.

Article 15. Modification of Law 29/1998, of July 13, regulating the Contentious-Administrative Jurisdiction.

Law 29/1998, of July 13, regulating the Contentious-Administrative Jurisdiction, is amended as follows:
One. A new paragraph 1 bis is added to article 87 with the following content:
«1 bis. In any case, the orders issued in application of article 10.8 and article 11.1.i) of this law will be subject to appeal. ”
Two. Section 2 of article 87 is amended, which is worded as follows:
“two. In order for the cassation appeal to be prepared in the cases provided for in section 1, it is necessary to previously file the appeal for reconsideration. However, it will not be a necessary requirement to previously file an appeal for reconsideration in appeals against the records referred to in paragraph 1 bis. ”
Three. A new article 87 ter is added, with the following content:
«Article 87 ter.
1. The cassation appeal against orders issued in application of article 10.8 and article 11.1.i) of this law, will be initiated by means of a document presented before the Contentious-Administrative Chamber of the Supreme Court in which the parties will appear and directly interpose the appeal.
2. The appellant, on the same day that the appeal is filed, must submit a written document to the Court of Instance, informing them of the fact of the filing, and said Court must, on the business day following that communication, send the testimony of the actions followed in the procedure in which the order appealed to the Contentious-Administrative Chamber of the Supreme Court was issued.
3. The brief of appearance and filing must be presented within a period of three business days from the date of notification of the contested order and, accompanied by testimony of said order, will set out the procedural requirements, indicating the question of appeal regarding the one that is interested is fixed doctrine and the claims related to the prosecution of the appealed order.
4. If the object of the authorisation or ratification had been a measure adopted by a health authority of a scope other than the state one in compliance with coordinated actions in public health declared by the Ministry of Health, where appropriate, prior agreement of the Inter-territorial Council of the National System of Health, the General State Administration will also hold active legitimacy in this appeal.
5. When the circumstances of the case make it necessary and, in any case, when the delay in the resolution may cause irreversible damages, the parties may request in the filing document that the non-working days be enabled for the processing and resolution of the appeal. cassation. Against the decision that denies the requested authorisation, there will be no appeal.
6. Once the brief has been presented, it will be immediately transferred to the competent Section for processing and decision, which will process it preferably, transferring it to the Public Prosecutor’s Office and the parties to appear and formulate allegations for a common period of three days.
7. Once the allegations period has elapsed, and without the application of the provisions of article 128.1 of this law on the declaration of expiration, the Section competent for the processing and decision will establish doctrine and resolve on the issues and claims raised, within the following five days.
8. The maximum length requirements and style standards established by the Chamber in compliance with the provisions of article 87 bis.3 of this law will be applied to all writings. ”
Four. Article 122 is modified, which is worded as follows:
«Article 122 quater. Authorisation or judicial ratification of the measures that the health authorities consider urgent and necessary for public health and imply limitation or restriction of fundamental rights.
In the processing of authorisations or ratifications referred to in articles 8.6, second paragraph, 10.8 and 11.1.i) of this law, the Public Prosecutor will be a party. This procedure will always be preferential and must be resolved by order within a maximum period of three calendar days. “

This royal decree-law will enter into force on May 9, 2021.

The Royal Decree

Please note: The information provided is based upon our understanding of current legislation. It is not legal advice but is provided freely to enable you to be properly informed. We recommend that if you are considering taking action, you should seek professional advice.